The laws are already on the books, and now Pinellas County Sheriff Bob Gualtieri has announced a new initiative that puts those laws to work to curtail the extraordinary number of drivers who flee from deputies. As of June 11, vehicles that flee are subject to forfeiture, meaning they can be seized and sold by the Pinellas County Sheriff’s Office (PCSO), with the proceeds going back to the community.
PCSO only allows pursuits under very stringent guidelines that carefully weigh the risk to the public involved in a high-speed chase against the danger the public would face if that person was allowed to go free. “As we all know, police pursuits are dangerous, particularly in very densely populated counties like Pinellas County,” said Sheriff Gualtieri. Though small in area, Pinellas is the most densely populated county in Florida. On average across the United States, one person per day is killed in a police pursuit – very often an innocent bystander. “That’s a mom, a dad, a husband, a wife, a brother, a sister, killed because someone made the bad decision to flee from the police.”
“Because of the danger and our desire to protect innocent lives, the Pinellas County Sheriff’s Office significantly narrowed our pursuit policy in 2014,” said Sheriff Gualtieri. In 2023, PCSO only had five pursuits. But just because we don’t engage in dangerous, high-speed pursuits doesn’t mean that people aren’t fleeing from us. Since January 2022, vehicles have fled from deputies 1,042 times after being directed to stop.
Sometimes pursuit is necessary. If a person just committed an armed robbery or other violent felony, for example, our deputies may pursue them because the suspect has shown themselves to be a deadly risk to the public. Likewise, if a person is observed before a traffic stop is initiated, driving so recklessly that they present a danger to the lives of other drivers and pedestrians, deputies may pursue.
But when a driver simply commits a traffic violation and flees, we don’t pursue. The risk just isn’t worth the reward. Fortunately, PCSO has a lot of other resources at its disposal. We can quickly launch one of our three helicopters whose state-of-the-art optics can track a vehicle from miles away, follow it until it stops, and get a clear visual of the driver and passengers when they exit. Through that and other investigative means we can usually find the vehicle and the person driving it later. It’s just not worth risking a catastrophic crash to catch someone now, when with a little ingenuity and patience we can apprehend them hours or even days later.
Now, thanks to Sheriff Gualtieri’s initiative, not only will the driver face charges, but the vehicle they were driving can be seized and sold. Fleeing to elude is a felony in Florida. The Florida Contraband Forfeiture Act covers various situations in which property can be subject to civil forfeiture. It is most often used in narcotics cases, but the statute covers most property that is used during the commission of a felony – and that applies to vehicles that flee. If the person fleeing owns the vehicle, the situation is cut and dry. If someone loaned them the vehicle, the owner is notified that it was used in the commission of a felony and if it happens again, the vehicle can be seized. Even a rental vehicle could be seized and sold if, after notification, they rent to that person again and they flee a second time. In all cases the vehicle’s owner is notified of the seizure, and they have a certain length of time to request an initial hearing to dispute the forfeiture. After that the case will go before a jury.
Vehicles flee for a variety of reasons. The driver may be impaired or have a suspended license. They might have drugs in the vehicle or have an outstanding warrant. Some flee because the vehicle is stolen. Obviously if the registered owner is the victim of a crime their vehicle won’t be forfeit, but there may be a careful investigation to make sure they didn’t willingly loan their vehicle and later decide it was “stolen” when they learn the consequences. Anyone trying that tactic could be subject to a charge of filing a false police report.
“The answer to stopping people from fleeing and eluding is not – as some agencies have done – to loosen pursuit policies and chase more,” said Sheriff Gualtieri. “All chasing more does is cause more injuries and more death. The answer here in Pinellas County is to cause a consequence that matters to people who flee from the police.” The sheriff made it simple for anyone who considers fleeing “If you’re directed to stop by the police, stop. If you don’t stop and you run, we’re going to take your car, and we’re going to sell it.”
While some agencies that engage in vehicle seizures use the vehicles in their agency, PCSO has no plans to turn a seized Ferrari into a cruiser. The vehicles will all be auctioned off and the money used for good causes: kids’ events, public service initiatives, and things that do good for the community.
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